Current through Register Vol. 39, No. 6, September 16, 2024
(a) A licensee,
operator, or the ECBV dissatisfied with any action or inaction taken by the
Division related to the Business Enterprises Program may request an informal
review by the Operator Relations Committee. Participation in an informal review
is not required to obtain a full evidentiary hearing, nor does participation in
an informal review waive any right to obtain a full evidentiary hearing.
(1) When a licensee, operator, or the ECBV
wishes to request an informal review by the Operator Relations Committee, the
licensee, operator, or ECBV shall submit a written request to the Business
Enterprises Program Chief. The licensee, operator, or the ECBV shall have 20
business days after the action or inaction taken by the Division that they are
dissatisfied with to request an informal review.
(2) The written request of the licensee,
operator, or ECBV shall include:
(A) their
name, address, and preferred means of receiving written communication with the
Division;
(B) a statement that they
are requesting an informal review;
(C) a statement explaining the actions or
inactions with which they are dissatisfied; and
(D) a statement explaining the resolution
sought by the licensee, operator, or ECBV.
This request shall be transmitted to the Business
Enterprises Program Chief personally, electronically, or by certified mail,
return receipt requested.
(3) The licensee, operator, or the ECBV shall
be notified of the date and location of the informal review at least five
business days in advance of the informal review. The informal review shall be
conducted within 25 business days of receipt of the request. The Operator
Relations Committee shall issue a written decision within 10 business days
after the informal review is conducted and mail the decision to the licensee,
operator, or ECBV and the Division.
(4) The Division shall review the decision of
the Operator Relations Committee and shall notify the licensee, operator, or
ECBV in writing whether the Division affirms or overrules the decision within
five business days of receipt of the decision.
(5) A request for an informal review under
this Rule shall have the effect of suspending the time limitation for filing a
petition for contested case hearing pursuant to
G.S.
150B-23 and other provisions of Chapter 150B,
Article 3 until the later of the following:
(A) the licensee, operator, or the ECBV
receives written notice of the Division's final decision regarding the informal
review; or
(B) the licensee,
operator, or the ECBV withdraws its request for informal review
(b) Notwithstanding any
other provision in this Rule, a licensee, operator, or the ECBV dissatisfied
with any action or inaction taken by the Division related to the Business
Enterprises Program may request a full evidentiary hearing by filing a petition
for contested case hearing with the Office of Administrative Hearings. Such a
request for a full evidentiary hearing shall be filed within the time
limitation contained in
G.S.
150B-23(f).
(1) This hearing shall be held in accordance
with G.S. 150B, Article 3.
(2) If
the dispute(s) is not resolved to the satisfaction of the licensee, operator,
or the ECBV after the conclusion of a full evidentiary hearing, an appeal may
be made to the Secretary of the U. S. Department of Education for the convening
of an arbitration panel in accordance with
34 C.F.R.
395.13.
Authority
G.S.
111-27;
111-27.1;
143B-157;
150B-23;
20 U.S.C.
107b-1;
20 U.S.C. 107d-1;
Eff.
October 1, 1978;
Amended Eff. August 1, 2002; May 1, 1996; August
1, 1990; February 1, 1984; February 1, 1983; December 1, 1981;
Readopted Eff. August 1, 2020.
